Landlord Didn't Pay Emergency Repair Bill

Facts: DOH found high levels of lead paint in the walls of landlord's building and ordered landlord to correct the condition. When landlord didn't do so, DOH asked the City's Emergency Repair Program (ERP) to make the repair. ERP billed the City $9,500 for the repair work and HPD passed the bill on to landlord. When landlord didn't pay within 30 days, HPD placed a lien on landlord's building. Landlord appealed the lien, claiming that he'd protested the bill. Court: Landlord loses. Under the Housing Maintenance Code, a lien is placed automatically after 30 days of nonpayment of an ERP bill, whether or not landlord protests. It was unclear whether landlord protested within 30 days. It was also unclear whether the repair work was valid because DOH had dismissed the lead paint violation against landlord before ERP's work was done. But landlord didn't appeal the lien within the four-month statutory deadline.

Powazka v. HPD: NYLJ, p. 22, col. 4 (7/29/97) (Sup. Ct. NY; Gammerman, J)